You Are Here : Home / Find legal information/ Relationships and children / Children and parenting / Cultural recognition orders / What if I can't get all parents to sign?

What if I can't get all parents to sign?

ADVICE - NO COURT PROCEEDINGS REFER TO

Client or client’s children are at risk of immediate harm

Queensland Police Service for immediate help

Domestic/family violence issue:

Violence Prevention Advocacy (VPA)

English

This video explains what dispensation order is, when they are needed, how to apply and where to access support.

Transcript

Presenter: Torres Strait Islander peoples are warned the following animation may contain sensitive information about a sacred practice, protected under Ailan Kastom. Children are not encouraged to watch this video without a parent or guardian present.

Presenter: Under Ailan Kastom, the cultural gifting practice is a ‘promise’ between families that results in the permanent transfer of parental rights and responsibilities from birth parents to cultural parents.

Presenter: When a decision is made to culturally gift a child, applying for formal cultural recognition should also be discussed.

Presenter: These discussions should happen when the baby is growing in the birth mother’s belly.

Presenter: An agreement at this stage will make the process easier.

Presenter: However, every situation, circumstance and journey will be different.

Presenter: A birth father has the same rights to a child as the mother, even if they are not listed on the birth certificate.

Presenter: Therefore, they must agree to legally and permanently transfer parental rights to the cultural parents as well.

Presenter: In some situations, you might not be able to get all of the parents to sign the cultural recognition order application. Maybe you cannot find the birth father or it might not be safe for the birth mother to contact the birth father.

Presenter: Maybe a birth parent or cultural parent has passed away.

Presenter: Or one of the parents doesn’t agree to the process.

Presenter: Without a cultural recognition order, cultural parents have no legal relationships with the child.

Presenter: This means the child’s legal identity will not reflect their cultural identity, and the lack of documentation can create barriers in life.

Presenter: You can still apply for a cultural recognition order, the path just looks different. In these cases you may need to apply to the court for a court order called a dispensation order.

Presenter: A dispensation order is a court order that allows you to apply for a cultural recognition order without needing a person’s legal consent.

Presenter: A lawyer from Legal Aid Queensland can give you advice and help you with this process.

Presenter: A lawyer will prepare your application for a dispensation order and other legal documents.

Presenter: They will appear in court with you either by phone, video or in person.

Presenter: The Commissioner’s office can also waive the need for all parties to consent in some situations.

Presenter: If you need to go to court, your journey for legal recognition can be a lengthy process.

Presenter: However, Legal Aid Queensland will provide legal support and the Office of the Commissioner Meriba Omasker Kaziw Kazipa can offer cultural support to you and your family, every step of the way.

Presenter: If the court gives you a dispensation order, the Office of the Commissioner can then process your application for a cultural recognition order.

Presenter: To learn more about applying for a cultural recognition order, contact the Office of the Commissioner Meriba Omasker Kaziw Kazipa.

Presenter: Any contact is kept confidential.

Presenter: Before you apply for a cultural recognition order, you are encouraged to get independent legal advice due to the permanent nature of this process and the effects it could have on your family life.

Presenter: For free legal advice and to learn more about dispensation orders, speak to a legal service provider such as Legal Aid Queensland.

Presenter: Any contact is kept confidential.

Yumplatok (Torres Strait Creole)

Transcript

Presenter: Torres Strait Islander families e warned that the following animation might gud sensitive information about a sacred practice, protected under Ailan Kastom. All pikinini e no loud for watch this video without a parent or guardian wer thempla.

Presenter: Under Ailan Kastom, the cultural gifting practice is a ‘promise’ between families.

Presenter: Where e loud the permanent transfer blo parental rights and responsibilities from born parents to cultural parents.

Presenter: When families e wande culturally gift a pikinini, thempla mus talk about applying for formal cultural recognition.

Presenter: All should talk about this one while the mother e still pamle.

Presenter: If all famlies e gree, this one gomake the process easier.

Presenter: Now every situation, circumstance and journey go be different.

Presenter: A birth father gud the same rights to a pikinini as the mother, even if e no gud name blo thempla wer the birth certificate.

Presenter: Therefore all mus gree for legally and permanently transfer parental rights to the cultural parents as well.

Presenter: Sometimes you no go be able for get all them parents for sign the cultural recognition order application.

Presenter: Maybe you cant find the birth father or e nor safe for the birth mother for contact the birth father.

Presenter: Maybe a birth parent or cultural parent bin pass away.

Presenter: Or one of the parents e no gree for the process.

Presenter: If you no gud the cultural recognition order, cultural parents gud no legal relationship wer the pikinini.

Presenter: This one mean the pikinini’s legal identity no go match thempla cultural identity, and if e no gud the prapa paperwork, this one can mekem more hard in life.

Presenter: You can still apply for a cultural recognition order, but e might go look different.

Presenter: Sometimes you might have to apply to the court for a court order called a dispensation order.

Presenter: A dispensation order e one court order where e let you apply for a cultural recognition order where you no need for get a person’s legal consent.

Presenter: A lawyer from Legal Aid Queensland can give you advice and help you wer this process.

Presenter: The lawyer go ready your application for a dispensation order and all nada legal documents.

Presenter: All go be in court wer you either by phone, video or in person.

Presenter: The Commissioner’s office can also mekem straight, where e no go need for get consent from all parties, in some situations.

Presenter: If you go need for go court, your journey for legal recognition might go take long time.

Presenter: However, Legal Aid Queensland go provide legal support and the Office blo the Commissioner Meriba Omasker Kaziw Kazipa can offer cultural support for you and your family, every step of the way.

Presenter: If the court go give you a dispensation order, the Office blo the Commissioner can then process your application for a cultural recognition order.

Presenter: For learn more about applying for a cultural recognition order, contact the Office blo the Commissioner Meriba Omasker Kaziw Kazipa.

Presenter: Any contact go be confidential.

Presenter: Before you go apply for a cultural recognition order, you mus get independent legal advice because of the permanent nature blo this process and the effects this one might gud on your family’s life.

Presenter: For free legal advice and for learn more about dispensation orders, talk to a legal service provider wasse Legal Aid Queensland.

Presenter: Any contact go be confidential.

When you apply for a cultural recognition order, the birth parents and cultural parents must agree.

In some situations, you might not be able to get all the parents to sign the cultural recognition order application. You can still apply for a cultural recognition order – the path just looks different. In these cases, you may need to apply to the court for a dispensation order.

What is a dispensation order?

A dispensation order is a court order that allows you to apply for a cultural recognition order without needing a person’s legal consent.

When might I need a dispensation order?

You might need a dispensation order if:

  • a birth parent is unknown or can’t be found or safely contacted
  • a birth parent or cultural parent has passed away
  • everyone doesn’t agree.

The Commissioner’s Office can waive the need for consent in some situations.

How do I apply for a dispensation order?

A lawyer from Legal Aid Queensland can give you legal advice and help you with this process.

A lawyer can prepare your application for a dispensation order and can appear in court with you either by phone, video or in person.

The Office of the Commissioner Meriba Omasker Kaziw Kazipa offers cultural support throughout the process.

Last updated 29 May 2025